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10 U.S.C. § 949d — Sessions
Federal law — U.S. Code and appendices · legal_authorities
**(a) Sessions Without Presence of Members.—**
(1) At any time after the service of charges which have been referred for trial by military commission under this chapter, the military judge may call the military commission into session without the presence of the members for the purpose of—
(A) hearing and determining motions raising defenses or objections which are capable of determination without trial of the issues raised by a plea of not guilty;
(B) hearing and ruling upon any matter which may be ruled upon by the military judge under this chapter, whether or not the matter is appropriate for later consideration or decision by the members;
(C) if permitted by regulations prescribed by the Secretary of Defense, receiving the pleas of the accused; and
(D) performing any other procedural function which may be performed by the military judge under this chapter or under rules prescribed pursuant to [section 949a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section949a&num=0&edition=prelim) and which does not require the presence of the members.
(2) Except as provided in subsections (b), (c), and (d), any proceedings under paragraph (1) shall be conducted in the presence of the accused, defense counsel, and trial counsel, and shall be made part of the record.
**(b) Deliberation or Vote of Members.—** When the members of a military commission under this chapter deliberate or vote, only the members may be present.
**(c) Closure of Proceedings.—**
(1) The military judge may close to the public all or part of the proceedings of a military commission under this chapter.
(2) The military judge may close to the public all or a portion of the proceedings under paragraph (1) only upon making a specific finding that such closu
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Source location: Title 10, Chapter 47A, § 949d; chapter-47a-military-commissions.md
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**(a) Sessions Without Presence of Members.—**
(1) At any time after the service of charges which have been referred for trial by military commission under this chapter, the military judge may call the military commission into session without the presence of the members for the purpose of—
(A) hearing and determining motions raising defenses or objections which are capable of determination without trial of the issues raised by a plea of not guilty;
(B) hearing and ruling upon any matter which may be ruled upon by the military judge under this chapter, whether or not the matter is appropriate for later consideration or decision by the members;
(C) if permitted by regulations prescribed by the Secretary of Defense, receiving the pleas of the accused; and
(D) performing any other procedural function which may be performed by the military judge under this chapter or under rules prescribed pursuant to [section 949a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section949a&num=0&edition=prelim) and which does not require the presence of the members.
(2) Except as provided in subsections (b), (c), and (d), any proceedings under paragraph (1) shall be conducted in the presence of the accused, defense counsel, and trial counsel, and shall be made part of the record.
**(b) Deliberation or Vote of Members.—** When the members of a military commission under this chapter deliberate or vote, only the members may be present.
**(c) Closure of Proceedings.—**
(1) The military judge may close to the public all or part of the proceedings of a military commission under this chapter.
(2) The military judge may close to the public all or a portion of the proceedings under paragraph (1) only upon making a specific finding that such closure is necessary to—
(A) protect information the disclosure of which could reasonably be expected to cause damage to the national security, including intelligence or law enforcement sources, methods, or activities; or
(B) ensure the physical safety of individuals.
(3) A finding under paragraph (2) may be based upon a presentation, including a presentation ex parte or in camera, by either trial counsel or defense counsel.
**(d) Exclusion of Accused From Certain Proceedings.—** The military judge may exclude the accused from any portion of a proceeding upon a determination that, after being warned by the military judge, the accused persists in conduct that justifies exclusion from the courtroom—
(1) to ensure the physical safety of individuals; or
(2) to prevent disruption of the proceedings by the accused.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Procedures and Rules of Evidence.—** Pretrial, trial, and post-trial procedures, including elements and modes of proof, for cases triable by military commission under this chapter may be prescribed by the Secretary of Defense. Such procedures may not be contrary to or inconsistent with this chapter. Except as otherwise provided in this chapter or chapter 47 of this title, the procedures and rules of evidence applicable in trials by general courts-martial of the United States shall apply in trials by military commission under this chapter.
**(b) Exceptions.—**
(1) In trials by military commission under this chapter, the Secretary of Defense, in consultation with the Attorney General, may make such exceptions in the applicability of the procedures and rules of evidence otherwise applicable in general courts-martial as may be required by the unique circumstances of the conduct of military and intelligence operations during hostilities or by other practical need consistent with this chapter.
(2) Notwithstanding any exceptions authorized by paragraph (1), the procedures and rules of evidence in trials by military commission under this chapter shall include, at a minimum, the following rights of the accused:
(A) To present evidence in the accused’s defense, to cross-examine the witnesses who testify against the accused, and to examine and respond to all evidence admitted against the accused on the issue of guilt or innocence and for sentencing, as provided for by this chapter.
(B) To be present at all sessions of the military commission (other than those for deliberations or voting), except when excluded under [section 949d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section949d&num=0&edition=prelim).
(C)
(i) When
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Detail of Military Judge.—** A military judge shall be detailed to each military commission under this chapter. The Secretary of Defense shall prescribe regulations providing for the manner in which military judges are so detailed to military commissions. The military judge shall preside over each military commission to which such military judge has been detailed.
**(b) Eligibility.—** A military judge shall be a commissioned officer of the armed forces who is a member of the bar of a Federal court, or a member of the bar of the highest court of a State, and who is certified to be qualified for duty under [section 826 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section826&num=0&edition=prelim) (article 26 of the Uniform Code of Military Justice) as a military judge of general courts-martial by the Judge Advocate General of the armed force of which such military judge is a member.
**(c) Ineligibility of Certain Individuals.—** No person is eligible to act as military judge in a case of a military commission under this chapter if such person is the accuser or a witness or has acted as investigator or a counsel in the same case.
**(d) Consultation With Members; Ineligibility to Vote.—** A military judge detailed to a military commission under this chapter may not consult with the members except in the presence of the accused (except as otherwise provided in [section 949d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section949d&num=0&edition=prelim)), trial counsel, and defense counsel, nor may such military judge vote with the members.
**(e) Other Duties.—** A commissioned officer who is certified to be qualified for duty as a military judge of a military commission under this chapter
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Number of Members.—**
(1) Except as provided in paragraph (2), a military commission under this chapter shall have at least five primary members and as many alternate members as the convening authority shall detail. Alternate members shall be designated in the order in which they will replace an excused primary member.
(2) In a case in which the accused before a military commission under this chapter may be sentenced to a penalty of death, the military commission shall have the number of primary members prescribed by [section 949m(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section949m/c&num=0&edition=prelim).
**(b) Primary Members.—** Primary members of a military commission under this chapter are voting members.
**(c) Alternate Members.—**
(1) A military commission may include alternate members to replace primary members who are excused from service on the commission.
(2) Whenever a primary member is excused from service on the commission, an alternate member, if available, shall replace the excused primary member and the trial may proceed.
**(d) Excuse of Members.—** No primary or alternate member of a military commission under this chapter may be absent or excused after the military commission has been assembled for the trial of a case unless excused—
(1) as a result of challenge;
(2) by the military judge for physical disability or other good cause;
(3) by order of the convening authority for good cause; or
(4) in the case of an alternate member, in order to reduce the number of alternate members required for service on the commission, as determined by the convening authority.
**(e) Absent and Additional Members.—** Whenever the number of primary members of a military commission under this chapter is redu
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Interlocutory Appeal.—** Except as provided in subsection (b), in a trial by military commission under this chapter, the United States may take an interlocutory appeal to the United States Court of Military Commission Review of any order or ruling of the military judge—
(1) that terminates proceedings of the military commission with respect to a charge or specification;
(2) that excludes evidence that is substantial proof of a fact material in the proceeding;
(3) that relates to a matter under subsection (c) or (d) of [section 949d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section949d&num=0&edition=prelim); or
(4) that, with respect to classified information—
(A) authorizes the disclosure of such information;
(B) imposes sanctions for nondisclosure of such information; or
(C) refuses a protective order sought by the United States to prevent the disclosure of such information.
**(b) Limitation.—** The United States may not appeal under subsection (a) an order or ruling that is, or amounts to, a finding of not guilty by the military commission with respect to a charge or specification.
**(c) Scope of Appeal Right With Respect to Classified Information.—** The United States has the right to appeal under paragraph (4) of subsection (a) whenever the military judge enters an order or ruling that would require the disclosure of classified information, without regard to whether the order or ruling appealed from was entered under this chapter, another provision of law, a rule, or otherwise. Any such appeal may embrace any preceding order, ruling, or reasoning constituting the basis of the order or ruling that would authorize such disclosure.
**(d) Timing and Action on Interlocutory Appeals Relating to Classified Inf
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 950d
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Federal law — U.S. Code and appendices · legal_authorities
Page 860
TITLE 10—ARMED FORCES
§ 949c
§ 949c. Duties of trial counsel and defense coun-
sel
(a) TRIAL COUNSEL.—The trial counsel of a
military commission under this chapter shall
prosecute in the name of the United States.
(b) DEFENSE COUNSEL.—(1) The accused shall
be represented in the accused’s defense before a
military commission under this chapter as pro-
vided in this subsection.
(2) The accused may be represented by mili-
tary counsel detailed under section 948k of this
title or by military counsel of the accused’s own
selection, if reasonably available.
(3) The accused may be represented by civilian
counsel if retained by the accused, provided that
such civilian counsel—
(A) is a United States citizen;
(B) is admitted to the practice of law in a
State, district, or possession of the United
States, or before a Federal court;
(C) has not been the subject of any sanction
of disciplinary action by any court, bar, or
other competent governmental authority for
relevant misconduct;
(D) has been determined to be eligible for ac-
cess to information classified at the level Se-
cret or higher; and
(E) has signed a written agreement to com-
ply with all applicable regulations or instruc-
tions for counsel, including any rules of court
for conduct during the proceedings.
(4) If the accused is represented by civilian
counsel, military counsel shall act as associate
counsel.
(5) The accused is not entitled to be rep-
resented by more than one military counsel.
However, the person authorized under regula-
tions prescribed under section 948k of this title
to detail counsel, in such person’s sole discre-
tion, may detail additional military counsel to
represent the accused.
(6) Defense counsel may cross-examine each
witness for the prosecution who t
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 949d
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